A battle over court costs continues between the Jefferson County attorney and a district court judge.

At issue is whether drivers who are ticketed should have to pay court costs after completing the county's online traffic course.

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"It's disappointing that this is going to be carried over again. We were hoping for a resolution tonight," said Tim Higgins, who completed the program.

Higgins simply wants his speeding ticket dropped.

He paid $150 for Drive Safe Louisville, a class some drivers can take to have their citations dismissed.

But for Higgins, that still hasn't happened because his judge wants him to pay the court costs, too.

"I don't understand why the judge has made the decision she has," said Higgins.

The judge is Ann Bailey Smith, and according to Jefferson County Attorney Mike O'Connell, she's the only judge imposing court costs on those who complete his traffic safety class.

"I think that has turned into an academic exercise beyond belief," said O'Connell.

O'Connell said court costs shouldn't have to be paid if a person takes the course, but Bailey Smith believes that's not the county's call.

"I don't particularly believe that court costs involve the prosecution of this case. I think that's between the court and the defendant, not between the court, the county and the defendant," said Bailey Smith.

So O'Connell has submitted a motion arguing why the court should dismiss Higgins' case.

In it, he cites an informal opinion by the Kentucky Attorney General advising court costs may not be imposed on a driver who completes the county attorney's traffic school.

"I'm sorry that we have to stand here and do this night after night in court, but that's the way it is," said O'Connell.

The case has now been continued until next month when Bailey Smith could issue a ruling.

Higgins is optimistic his case will be dismissed.

"It's been a long process, but I'm certainly not ready to call it quits," said Higgins.